Altus People Pty Ltd v Downer EDI Works Pty Ltd
Citation: [2026] FWCFB 155
At a glance
- Employees affected
- 670
What happened
Downer EDI Works Pty Ltd applied to terminate the Downer Traffic Management Enterprise Agreement 2021, stating it covered only their company and had no current employees under the agreement. The Fair Work Commission initially agreed to terminate the agreement. However, Altus People Pty Ltd also operated under this agreement due to a business transfer and related orders from the FWC. Incorrect information was provided to the commission about which employers were covered by the agreement.
What was decided
Altus People Pty Ltd appealed the decision to terminate the Downer Traffic Management Enterprise Agreement 2021. The Full Bench of the Fair Work Commission allowed the appeal and quashed the original termination decision. They found the Applicant was denied procedural fairness because they were not notified about the application to terminate an agreement affecting them and their employees. The application by Downer EDI Works Pty Ltd to terminate the agreement has been dismissed.
What it means for employers
Employers must ensure all relevant information is provided accurately when applying for decisions impacting enterprise agreements. Failing to disclose that an agreement covers other employers can lead to appeals, quashed decisions, and potential disruption to employee terms and conditions.
What it means for employees
Employees covered by an enterprise agreement should be aware of applications to terminate or vary the agreement, as this can affect their employment conditions. If employees are not notified about such applications, they may have grounds for appeal.
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This summary was drafted from the published decision and reviewed before publishing. It is general information, not legal advice. For your specific situation, speak to the Fair Work Ombudsman (13 13 94) or a qualified lawyer. About these summaries & corrections